State v. Crowe’s Empirical Analysis

Citation profile

1 district · 17 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The United States Supreme Court has recently again emphasized that a trial judge need not personally “explain the elements of each charge to the defendant on the record” so long as “the record accurately reflects that the nature of the charge and the elements of the crime were explained to the defendant by his own, competent counsel.” See [Bradshaw, 545 U.S. at 183 , 125 S.Ct. 2398 ]. We also agree that a reviewing court may be able to determine that a defendant gained from other sources an adequate understanding of the offense and notice of the nature of the charge to which he or she is entering a plea, even if a trial court fails to comply with Rule 11(c)(1). For example, the defendant may be informed of the nature of the offense by the allegations of the indictment. See, e.g., Henderson, 426 U.S. at 649 n. 2, 96 S.Ct. 2253 (White, J. concurring) (“In those cases in which the indictment is read to the defendant by the court at arraignment or at the time of his plea, his plea of guilty may well be deemed a factual admission that he did what he is charged with doing so that a judgment of conviction may validly be entered against him.”); Bryan [v. State, 848 S.W.2d 72, 76 (Tenn.Crim.App.1992) ] (rejecting the defendant’s claim that he had not understood the nature of the offenses to which he had pleaded guilty and noting that the elements of the offenses had been alleged in the indictment). Another source from which a defendant may gain an understanding of the nature of the of”

   2 later decisions quote this exact passage · from the majority
   e.g. Williams v. State · 185 Md. App. 293 - Miller v. State

2. “[a]fter sentence is imposed but before the judgment becomes final, the court may set aside the judgment of conviction and permit the defendant to withdraw the plea to correct manifest injustice.” We have previously observed that”

   2 later decisions quote this exact passage · from the majority
   e.g. State v. Phelps · State of Tennessee v. David Nagele

3. “(1)Advising and Questioning the Defendant. — Before accepting a guilty or nolo contendere [Alford] plea, the court shall address the defendant personally in open court and inform the defendant of, and determine that he or she understands, the following: (A)' The nature of the charge to which the plea is offered; (B) the maximum possible penalty and any mandatory minimum penalty; (C) if the defendant is not represented by an attorney, the right to be represented by counsel-and if necessary have the court appoint counsel-at trial and every other stage of the proceeding; (D) the right to plead not guilty or, having already so pleaded, to persist in that plea; (E) the right to a jury trial; (F) the right to confront and cross-examine adverse witnesses; (G) the right to be protected from compelled self-incrimination; (H) if the defendant pleads guilty or nolo contendere, the defendant waives the right to a trial and there will not be a further trial of any kind except as to sentence; [[Image here]] (2) Insuring that Plea is Voluntary.— Before accepting a plea of guilty or nolo contendere, the court shall address the defendant personally in open court and determine that the plea is voluntary and is not the result of force, threats, or promises (other than promises in a plea agreement). The court shall also inquire whether the defendant’s willingness to plead guilty or nolo contendere results from prior discussions between the district attorney general and the defendant or the defen”

   1 later decision quote this exact passage · from the majority
   e.g. Clark D. Frazier v. State of Tennessee